South Australian Numbered Acts

ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005) - SECT 48

48—Amendment of section 94—Registration of environment protection orders in relation to land

        (1)         Section 94(1)—after "Authority" insert:

or, if the order was issued by another administering agency, that administering agency

        (2)         Section 94(1)(a)—after "land" insert:

or an activity previously carried on on land

        (3)         Section 94(1)(b)—delete "owned by the" and substitute:

owned by a

        (4)         Section 94(2)(b)(i)—after "land" insert:

or each owner from time to time of the land (as the case may require)

        (5)         Section 94(2)(b)(ii)—after "Authority" insert:

or other administering agency

        (6)         Section 94(3)(a)—after "Authority" insert:

or another administering agency

        (7)         Section 94(4)(a)—after "land" insert:

or an activity previously carried on on land

        (8)         Section 94(4)(c) and (d)—delete paragraphs (c) and (d) and substitute:

            (c)         the order is binding on—

                  (i)         in the case of an environment protection order issued in relation to an activity carried on on land—each owner and occupier from time to time of the land; or

                  (ii)         in the case of an environment protection order issued in relation to an activity previously carried on on land—each owner from time to time of the land,

and this Division (including subsection (1)(b)) applies as if the order had been issued to each such person;

            (d)         if such a person ceases to own or occupy the land (as the case may be), he or she must, as soon as reasonably practicable, notify the Authority or, if the order was issued by another administering agency, that administering agency, in writing of the name or address of the new owner or occupier.

        (9)         Section 94—after subsection (4) insert:

        (4a)         If an environment protection order is registered under this section in relation to land, the Authority must, as soon as reasonably practicable, notify, in writing, each owner of the land and the occupier of the land of the registration and of the obligations of owners and occupiers under subsection (4).

        (4b)         A notice to be given to the occupier of land under subsection (4a) may be given by addressing it to the "occupier" and posting it to, or leaving it at, the land.

        (10)         Section 94(5)—delete "An owner or occupier" and substitute:

A person

        (11)         Section 94(6)—after "Authority" insert:

or, if the order was issued by another administering agency, that administering agency

        (12)         Section 94(7)—delete subsection (7) and substitute:

        (7)         The Authority or another administering agency may, if it thinks fit, apply to the Registrar-General for cancellation of the registration of an environment protection order that has been registered in relation to land on the application of the Authority or other administering agency (as the case may be), and must do so—

            (a)         on revocation of the order; or

            (b)         on full compliance with the requirements of the order; or

            (c)         where the Authority or other administering agency takes action under this Division to carry out the requirements of the order—on payment to the Authority or other administering agency of the amount recoverable by the Authority or other administering agency under this Division in relation to the action so taken.